Polaveni Sai Alias Sai Kumar v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA MAIN CASE: Crl.A.No.1353 of 2025 PROCEEDING SHEET Sl.

No.

DATE

ORDER

OFFICE NOTE 06.

05.03.2026 SKS, J Admit.

List on 22.04.2026.

In the meantime, Registry is directed to call for record from the trial Court and prepare paper book and place before this Court.

I.A.No.3 of 2025 This Interlocutory Application is filed with a prayer to grant bail to the petitioner dated 24.04.2024 passed in S.C. (POCSO) No.62 of 2019 by Fast Track Special Court for Expeditious Trial and Disposal of Rape and Protection of Children from Sexual Offences (POCSO) Act Cases, Asifabad. The petitioner was found guilty for the offences under Sections 366-A and 376(2)(n) IPC, Section 6 of the POCSO Act and Sections 3(1)(r) and 3(1)(s) of the SCs/STs (POA) Act and was convicted under Section 235(2) Cr.P.C.; he was sentenced to Rigorous Imprisonment of ten years each for the

offences under Sections 366-A and 376(2)(n) IPC, twenty years for the offence under Section 6 of the POCSO Act, and five years each for the offences under Sections 3(1)(r) and 3(1)(s) of the SCs/STs (POA) Act, with a fine of Rs.1,000/- for each offence (total Rs.5,000/-), in default to suffer one month's RI for each count, sentences to run concurrently.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor.

Learned counsel for the petitioner submitted that though there is no evidence on record to prove the allegations against the petitioner, the trial Court erroneously convicted the petitioner and that he is having good grounds to succeed in the appeal and the final hearing of the appeal may be taken considerable time. Therefore, he prayed the Court to allow this petition.

On the other hand, the learned Additional Public Prosecutor appearing for respondent, opposed the bail petition, contending that there is no illegality in the order of the trial Court and that

the trial Court has rightly passed the impugned order. He further submitted that there are one other cases pending against petitioner.

Therefore, while advocating that there is ample evidence on record against the petitioner, he prayed the Court to dismiss the petition.

Perused the contents of the affidavit filed in support of the petition.

Having regard to the rival submissions and on perusal of the material on record, this Court finds that the petitioner has made out a prima facie case for suspension of judgment, particularly in view of the grounds urged in the appeal.

Considering the facts and circumstances of the case, this Court is of the view that the sentence of imprisonment can be suspended pending disposal of criminal appeal, subject to conditions.

In the result, the sentence imposed on the petitioner/accused dated 24.04.2024 passed in S.C. (POCSO) No.62 of 2019 by Fast Track Special Court for Expeditious Trial and Disposal of Rape

and Protection of Children from Sexual Offences (POCSO) Act Cases, Asifabad, is hereby suspended pending disposal of the criminal appeal, subject to the petitioner executing a personal bond of Rs.25,000/- (Rupees Twenty-Five Thousand Only) with two sureties of the like sum each, to the satisfaction of the Special Judge for Expeditious trial and disposal of Rape and POCSO Act Cases, Asifabad District.

During bail, petitioner/appellant/ accused shall not indulge in any criminal acts, and in case of failure to do so, the respondent - State is at liberty to file petition for cancellation of bail. _______ SKS, J SAI